The high density of buildings in Hong Kong means that people often reside and work in multi-story buildings which are typically regulated by a Deed of Mutual Covenant and/or the Building Management Ordinance. Disputes in these environments arise between various parties over a number of different issues. This course will cover a number of commonly encountered issues in building management disputes with an emphasis on the latest decided cases.
Managing Building Management Disputes
Detailed Information
Highlights of the course include:
- Jurisdiction: Lands Tribunal vs the High Court
- Owners’ Incorporation and Management Committee
- Formation by meeting under the BMO, by order of the Secretary for Home Affairs, by order of the Lands Tribunal; notice and voting
- The legal attributes of a Management Committee, the Owners’ Incorporation & Section 16 BMO
- Liability of the Owners’ Incorporation
- Common Parts
- Identification of the common parts
- Adverse possession by and against the I/O
- Adverse possession by non-parties to the DMC
- Reserved areas reverting to common parts
- Duties under the DMC and the BMO
- Waiver, acquiescence, laches
- Liability
- Under the DMC / BMO
- In tort – negligence, trespass, nuisance
- Under the Occupiers Liability Ordinance (Cap. 314)
- Illegal structures
- Control, knowledge/presumed knowledge, actionable omissions
- Apportionment of liability
- Particular aspects : Unlawful structures, waterproofing / leakage cases, pipes, structural vs partition walls
- Common Parts
- Manager’s Powers
- Appointment and termination of Manager
- Management funds – collection and use
- Procurement of goods and services and tendering
- The Litigator’s Toolkit
- Inspection of documents and accounts
- Interlocutory injunctions
Registration Conditions
To view our registration conditions click HERE.
Special Discount
This seminar forms a series “Land Series” with the seminars on New Territories Land Matters – Overview and Some Practical Issues.
Special Discount Offer for registering in both courses. Please key in coupon code “landseries” after placing both courses in your cart.